AUNBT Circular
November 20, 2013
FAQs on issuance of a “no board” decision
Contract negotiations between AUNBT’s full-time academic employees and the
Employer entered a new phase with today’s decision by the provincial minister of PostSecondary Education, Training and Labour to issue a “no board” report. This means that
the minister will not appoint a conciliation board to examine the labour dispute at UNB.
The effect of his decision is to start the countdown to the time when a lockout or
strike can be declared. This may sound dire, but it is a signal to the Employer to start
bargaining wage comparability seriously.
Here are some FAQs on the significance of the minister’s decision:
Why did the minister not appoint a conciliation board?
Conciliation boards are appointed rarely, so declining to appoint one is not an unusual
step in collective bargaining. It is true that three boards have been appointed for New
Brunswick universities in recent years, one of them being the protracted conciliation
board at UNB in 2009-10. However, these costly exercises serve no purpose except to
disrupt collective bargaining and disadvantage employees. As such, the Employer
pressed the government once again for a conciliation board. AUNBT made its own views
known in meetings last week with the premier and the minister. We are pleased that
they heard us.
What does a “no board” report mean?
It means that, after passage of a further seven days, an employer can, on 24 hours’
notice, lock out its employees and that a union can call its members to a strike vote.
Typically, it’s a signal to the parties that it’s time for very serious work at the bargaining
table.
So has bargaining stopped?
The parties are at impasse over wage comparability for academic employees. However,
they continue to speak informally and will resume bargaining when they think that
something can be accomplished. UNB is the only university in New Brunswick that
has never had a lockout or strike. AUNBT would like to keep it that way.
What is a lockout?
Twenty-four hours following receipt of the Employer’s lockout notice, full-time
teachers, researchers and librarians would be forbidden to enter their campus
worksites or perform any aspect of their job. This means no teaching or guidance,
whether on or off campus and whether in-person or electronic, no grading, no new
assignments, etc.
AUNBT members would respond to a lockout with information pickets of UNB property.
Note that AUNBT’s part-time (Contract Academic) members could not be locked out as
they have a valid collective agreement with the Employer.
Will there actually be a lockout?
We don’t know. Just because the Employer will be in a lockout position does not mean
that it will actually do so before exams, or ever. However, recalling the notorious
lockout of academic staff at St Thomas University in December 2007, we must counsel
members to be prepared.
In particular, you should:
 Remove important or sensitive material from your campus office against the
possibility that it becomes inaccessible.
 Send AUNBT your alternate contact particulars against the possibility that
UNB email becomes inaccessible: <http://aunbt.ca/2013/11/12/ft-contactinfo/>.
 Apprise your project colleagues here and elsewhere that your collaboration may
be interrupted.
See also the circular on this topic on the AUNBT website: <http://aunbt.ca/collectivebargaining/full-time-collective-bargaining/job-action-faqs/>.
Stay in touch with your Collective Bargaining Council member and check the AUNBT
website frequently or sign up for updates.
Will AUNBT members go on strike?
Members will decide. There would be a special membership meeting held in advance of
a strike vote.
What is AUNBT doing to prevent a strike?
We are being reasonable, but strong, at the negotiating table, and we are consulting
members extensively.
What happens to labs and on-going research work in the case of a lockout or
strike?
Our collective agreement makes the following provision in Article 44:
44.02 In the event of a strike or lockout, members whose ongoing teaching or research
activities require access to university facilities in order to properly care for all
animals, plants or hazardous materials shall be allowed access to the required
facilities.
What will the status be of AUNBT members who live on campus? What of
members on sabbatical or other leaves? What will happen to medical plan
benefits if the Employer is no longer making payments on members’ behalf?
Good questions. In early June, AUNBT presented a draft job action protocol to the
Employer that covered important subject matter including the continuance of health
and dental benefits. The Employer has refused to discuss this protocol.
However, it should be noted that our draft protocol was similar to that which the
Employer agreed to under similar circumstances in 2009–2010. For reference purposes,
a copy of the Employer’s previous undertaking is available on the AUNBT website at
<http://aunbt.ca/members-only/full-time-members/> [password required].
What about graduate students employed as teaching and research assistants if
there is a strike or lockout?
As part of work stoppage, AUNBT full-time members will be unable to give them
directions. However, as TAs and RAs would not themselves be on strike, like any other
UNB employees outside the FT AUNBT group, their employment and pay should not be
affected. For clarity with regard to their employment status, you should advise them to
consult their union: <http://ugsw.ca>.
If there were a lockout, would members receive tax-free (and deduction-free)
strike pay as they would in case of a strike?
Strike pay, which has the legal status of a gift and is therefore tax free, is offered to
members who perform service during a lockout or strike. There are quite a few useful
services but the main one is participating in the information picket of Employer
properties.
What about AUNBT’s part-time members if there is a strike or lockout?
As noted above, Contract Academics have a valid collective agreement. They could not
lawfully be locked out or go on strike. To learn more, refer to “CAE FAQs: What would a
FT job action mean for me?” on the AUNBT website at <http://aunbt.ca/collectivebargaining/full-time-collective-bargaining/job-action-faqs/>.
The minister’s report marks a significant milestone in the negotiation process,
and members need to be alert to the possibility of a job action. The best way to
avoid a strike is for the bargaining team to receive a strong mandate from the
members in a solid strike vote.
AUNBT.ca